Herthel v. McKim
Massachusetts Supreme Judicial Court
Petition, filed on August 28, 1905, by the administratrix with the will annexed of the estate of Frederick J. Herthel, who died testate on January 2, 1904, to dissolve a general attachment upon all the real estate in the county of Suffolk of which the testator died seised and possessed, made in an action brought against the petitioner and a son of the testator by the judge of the Probate Court of the county of Suffolk for the benefit of Eliza Parkman Rkett, a creditor of the…
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Petition, filed on August 28, 1905, by the administratrix with the will annexed of the estate of Frederick J. Herthel, who died testate on January 2, 1904, to dissolve a general attachment upon all the real estate in the county of Suffolk of which the testator died seised and possessed, made in an action brought against the petitioner and a son of the testator by the judge of the Probate Court of the county of Suffolk for the benefit of Eliza Parkman Rkett, a creditor of the testator. The allegations in the petition seem to have been treated as true. The petition stated that the estate of…
1Opinion of the CourtKnowlton, C. J.
This case presents the single question whether a creditor of the estate of a deceased person can attach the real estate of the deceased on a writ against the administrator.
The R. L. c. 178, § 53, provides that “land of a deceased person may be taken on execution on a judgment against his executor or administrator for the debt of the deceased.” Another section declares that “ All real and personal property which is liable to be taken on execution, except . . . may be attached upon the original writ in any action in which debt or damages are recoverable, and may be held as security to satisfy…
2Cases cited1 opinion
- Harmon v. OsgoodMassachusetts Supreme Judicial Court · 1890
3Cited by5 opinions
- Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1913
- Monogram Industries, Inc. v. ZellenDistrict Court, D. Massachusetts · 1979
- Ryan v. LyonMassachusetts Supreme Judicial Court · 1912
- Coldwell v. New England Trust Co.Massachusetts Supreme Judicial Court · 1933
- Elder v. SmithCourt of Appeals of Maryland · 2010